GIAN CHAND AND OTHERS Vs. DURGA AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 13.1.2012 passed by learned Civil Judge (Jr. Division), Court No.III in CMA 45/6 of 2012, 44/6 of 12 in C.S. No.3/1/ of 11/04.

(2.) The pleaded case of the petitioners is that respondents No.1, 2 have filed a suit for declaration that they alongwith petitioner No.3 and predecessor-in-interest of petitioners No.4,5 are joint owners of the property left by their predecessor late Ram Dittu, they have 1/4th share each in the suit land. The suit land is ancestral, copartnery and joint Hindu family property. Ram Dittu died intestate and had not executed any Will nor he was competent to execute any Will. In any case, even in presence of Will respondents No.1,2 have 1/5th share of the suit property. The consequential relief of permanent prohibitory injunction, in alternative joint possession by demolishing the structure, if any, raised on the suit has also been prayed.

(3.) The suit was contested by petitioners. It has been asserted that respondents No.1,2 have no right, title and interest over the suit property which was self acquired property of Ram Dittu, who executed a registered Will in favour of petitioners No.1,2 and late Surjan Ram predecessor-in-interest of petitioners No.4, 5 on 30.7.1997.